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U.S. Legal Terms
These U.S. Legal Terms (“Terms”), as amended from time to time, govern your access and use of the U.S. online store webpages at www.church-footwear.com/us that directly link to these Terms (“Site”), including, without limitation, any purchases you make via the Site. YOU ENTER INTO A BINDING CONTRACT UNDER NEW YORK LAW BASED ON THESE TERMS WITH Church & Co (USA) Ltd. (“CHURCH’S USA”, “WE” or “US”) IF YOU ACCESS OR USE THE SITE, OR PURCHASE ANY PRODUCTS ON THE SITE. If you do not want to agree to these Terms, you must leave the Site and cease any access, use or purchase activities.
Table of Contents
- Governing Law and Choice of Forum
- Disclaimers and Limitations
- Access and Use
- Purchase of Products
- Resoling and Other Repairs Services
- General Terms and Contact Information
GOVERING LAW AND CHOICE OF FORUM
These Terms, and any disputes arising out of or relating to these Terms, shall be governed by the laws of the State of New York, USA, without giving effect to its conflicts of law principles and excluding the U.N. Convention on the International Sale of Goods. All legal proceedings arising out of or in connection with these Terms shall be brought exclusively in the City of New York, State of New York.
DISCLAIMERS AND LIMITATIONS.
Site use and any purchase is “as is” and at your own risk. We make no express REPRESENTATIONS OR WARRANTIES OF ANY KIND regarding the accuracy or completeness of information on this Site or the condition, features or availability of products described or offered for sale on this Site. product descriptions and photos are for informational purposes only and may not completely match the products, given their unique character and frequent changes in design. We DISCLAIM ALL implied WARRANTIES and representations, INCLUDING BUT NOT LIMITED TO the IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Exclusive remedies. Your sole and exclusive remedy for any dissatisfaction, defects, errors or problems regarding (a) the Site shall be that you leave the Site, and (b) any products that you purchase or attempt to purchase via the Site shall be as expressly set forth in our cancellation AND return policies.
Our liability shall be limited. CHURCH’S USA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF data, PROFITS, or REVENUE, OR COST OF COVER, or any similar or other damages ARISING FROM THE USE OF THE SITE OR THE PURCHASE OF ANY PRODUCT. THE AFOREMENTIONED LIMITATIONS OF LIABILITY SHALL APPLY TO ANY LOSS OR DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, STRICT LIABILITY AND NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF Church’s USA was ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY of the limited REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE.
If the foregoing limitations are held inapplicable or unenforceable for any reason, then the maximum liability of CHURCH’s USA to you for any type of damages resulting from your purchase of a product shall be limited to the greater of the actual amount paid by you for any products offered on the Site or U.S. $200.00.
Force Majeure. Except for payment obligations, non-performance or late performance of either party shall be excused to the extent that performance is rendered impossible, commercially unreasonable, or delayed by strike, fire, flood, governmental acts or orders or restrictions, war, acts of terrorism, labor conditions, supply restrictions, communication or shipment problems, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of the non-performing or late-performing party whether or not similar to the foregoing.
ACCESS AND USE.
Property rights. We own or license the server and software on which the Site is hosted, all photos, text, videos and other content displayed on the Site, and all trademarks, logos, product names and other marks as set forth in the CHURCH’S Intellectual Property Rights Notice, and we reserve our rights to exclude you from any access and use, except as expressly set forth herein.
Limited license. We grant you a limited, revocable (at any time, at our sole discretion), non-exclusive, non-transferable, non-sublicensable, royalty-free license to access the Site via general purpose Internet browser software for purposes of learning about products for private purpose purchases on the condition that you comply with these Terms, which constitute license limitations and conditions as well as contractual covenants. We do not authorize any other access, use or copying of the Site or any content of the Site, including, without limiting the generality of the foregoing, deep-linking, spidering, crawling, adaptation, or reproduction of the Site or any portions thereof.
Submissions. If you, at your sole discretion, submit any information or other materials to us, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, unlimited (except as we expressly specify in our Privacy Statement or elsewhere on the Site) and fully transferable and sub-licensable right to copy, use, modify, sell and otherwise commercialize such materials throughout the world in any way now known or in the future discovered. You also represent and warrant that the materials are accurate and that you own the required rights to grant us the license specified in the preceding sentence. Do not submit any materials if you cannot comply with these Terms.
PURCHASE OF PRODUCTS.
Private use only. By submitting your order, you represent that you are purchasing for private household use only. We do not authorize any sale of our products outside the U.S. or any commercial resale. We reserve the right to reject orders and further limit order quantities in our sole discretion at any time.
Product information and availability. Without limiting the generality of the disclaimers and limitations set forth in these Terms, given the unique nature of our products we cannot assume any liability or responsibility for any inaccuracies or errors, or for any loss or damage caused by or arising from your reliance on information obtained from or through this Site, and we may change information at any time. We determine product availability at the time we email you the shipping confirmation.
Price, payment, taxes. By submitting your order via the Site, you agree to pay the purchase price for the items you selected plus shipping and handling costs, and applicable sales tax, if any. Depending on the tax laws in your state, you may be required to pay use tax on purchases for which we do not collect sales tax. We accept the following forms of payment for purchases made through the Site: credit card or PayPal. Accepted credit cards are: Visa, MasterCard, American Express, Discover, JCB. Store credits issued by Church’s Stores, Outlets, and/or authorized third party retailers are not redeemable for purchases through the Site.
Delivery. We will deliver the products you purchased using a common carrier, to the destination in the continental United States that you select (including Hawaii, Alaska and Puerto Rico, but excluding Canada or other locations outside the continental United States; other details regarding shipping and delivery are described in the Shipping and Delivery page). You receive title and you bear all risks of loss and damage to the products from the time we deliver the products to the carrier at our warehouse. For security reasons, all purchases from the Site require an adult signature upon delivery. All orders are delivered by FedEx.
Alternatively, you may request to collect an order from any free standing Church’s store, selecting this as an option at checkout at the time of the purchase. If the order is not collected within 14 (fourteen) days of receiving the order confirmation email, the sale may be cancelled. In such case, you will be informed by email of such cancellation and shall be refunded any amounts already paid.
Cancellations, returns. We do not accept any cancellations or returns, except as specified in our Cancellation and ReturnPolicies or required by applicable law.
RE-SOLING AND OTHER REPAIRS SERVICES
If you wish to contact us concerning a possible repair or re-soling of a Church's product, please email us at email@example.com or call our toll-free number: 1-833-8881873. Any repairs or re-soling must be evaluated by our Chicago store before any such services will be priced or undertaken.
GENERAL TERMS AND CONTACT INFORMATION
Changes. We may change our prices, products, these Terms, our Cancellation, and Return Policies and our Privacy Statement at any time, at our sole discretion, by publishing changes on the Site or otherwise notifying you. We will not apply changes to orders or data that you submitted prior to our publishing or otherwise notifying you of the changes, unless we obtain your consent, by providing a notice with opt-out opportunity on the Site, via email or otherwise.
Severability. If any provision of these Terms is determined to be invalid, illegal or unenforceable, such provision shall be upheld to the fullest extent legally permissible and the remaining provisions of these Terms shall remain in full force and effect. Nothing herein is intended to override mandatory laws to the extent they cannot be contractually altered or modified.
Entire agreement. These Terms and any additional terms that we may specify on the “review your order” page or on our order confirmation shall constitute the entire agreement between you and us with regard to the subject matter hereof, and supersede any prior agreements or understandings.
Contact information. This Site is operated, and all sales are made by CHURCH’s USA Corp., 610 West 52nd Street, New York, New York 10019, USA, Phone: 1-833-888-1873), Email: firstname.lastname@example.org.
Last updated: April, 2019.
CANCELLATION & RETURNS POLICY
1. Cancellations, Returns and Refunds
1.1 Cancellations: You can cancel your order until the date of shipping for any reason free of charge. Cancellations requested on or after the date of shipping cannot be accepted and you will be charged the full amount for your order, subject to the following exception: if the actual shipment date of your order is delayed by more than 30 calendar days, you can cancel your order free of charge provided that we receive your cancellation prior to actual shipment. Should you choose to cancel the order, we will not charge your credit card or, if your credit card has already been charged, we will refund the purchase price, sales tax included.
1.2 Returns: Products purchased through the site may be returned free of charge, within thirty (30) days from the date of the shipping confirmation. The Products must be returned: (i) in their original condition with all tags still attached, including but not limited to, all identification tags, security tags and authenticity cards; (ii) in their original packaging; (iii) complete with all of their parts and accessories; (iv)with the original proof of purchase; and (v) from locations within the United States. Incomplete, damaged, worn or altered items will not be accepted. Further, in the event a product has a security tag and is returned without the security tag attached to the product, the product will not be accepted for return. If the foregoing conditions are satisfied and you comply with the return instructions below, we will refund the purchase price of the returned product(s), sales tax included, less the original shipping costs, to the same credit card or PayPal account used to make the original purchase.
1.3 Returns to Church’s: In addition to the above conditions, please follow the instructions below for processing your return(s) for a refund to your original payment method used to make your purchase.
To return your item for a full refund, please:
(i) log in to your “Account” on www.church-footwear.com/us within thirty (30) days from the date of the shipping confirmation, access your order history and follow the online instructions;
(1) if you do not have an “Account” with church-footwear.com, you may still access your order by visiting www.church-footwear.com/us and clicking on “RETURNS” in the Contact page. You can retrieve your order information by inputting your order number and the email address associated with the original order. Once you access your order information, please follow the online instructions
(ii) enclose the original proof of purchase in the return parcel;
(iii) affix the prepaid FedEx shipping waybill included in the original package to the outside of the return package (by doing so, you will allow us to pay for your return shipping and trace your package); and
(iv) drop the package off at a FedEx shipping location, or arrange for pickup of the package directly with FedEx at 1 800 GoFedEx / 1 800 463 3339.
Please note that if you utilize a carrier other than FedEx, or if you fail to comply with the above, you will be responsible for all shipping and handling charges. Further, you shall solely and exclusively bear any and all risks associated with the return shipping and we shall in no event be liable for the loss, destruction, damage, misdirected or delayed shipment of any returned products.
Please further note that we will not issue any refunds for returns that do not satisfy all of the conditions outlined above, and will ship your merchandise back to you at the original shipment address provided in your order. In the event that your merchandise cannot be delivered to you at your original shipping address, you authorize CHURCH’S USA, and any of its affiliates or agents, to dispose of such merchandise.
Upon our receipt of your return package, we will verify the integrity of the items before accepting your return and processing the refund. Please note that this process may take between 5 and 10 days. We will send you a confirmation email as soon as we have begun processing the refund.
The refund is issued directly to the card or PayPal account used for the original purchase.
The refunded amount will be visible in your account within approximately one week (for PayPal orders) or within approximately one to two billing cycles from the date of the email we send you confirming that the refund is being processed (for credit card orders).
If you have any questions or would like more information, please contact us at email@example.com or call our toll-free number: 1-833-8881873
1.4 WE RESERVE THE RIGHT TO DESIGNATE NON-RETURNABLE PRODUCTS ON THE SITE. ANY SUCH DESIGNATION WILL BE NOTED ON THE WEB PAGE DISPLAYING THE RESPECTIVE PRODUCTS WHICH ARE NON-RETURNABLE. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THE SITE AS NON-RETURNABLE.
Last updated: April, 2019
SHIPPING AND DELIVERY
Our deliveries are handled by FedEx.
The delivery price depends on the order value and on the service requested.
There are four alternative delivery services:
Ground Delivery (generally delivers in 1-6 business days) Complimentary*
Second Day Delivery (generally delivers in 2 business days) $ 25.00
Overnight Delivery (generally delivers the next business day) $ 35.00**
In-store Pick-up Complimentary
*We offer complimentary shipping on all orders placed with Ground Delivery.
**Second Day Delivery and Overnight Delivery are not available for orders including shoe polish products.
We generally ship our online orders within 2 to 4 business days. However, the above mentioned delivery terms are not guaranteed.
As soon as your order leaves the warehouse, you will receive a message with the tracking number of the order, plus a link to the FedEx website where you can check the delivery status whenever you want. In addition, we will email a delivery confirmation once we receive notification from FedEx that your purchase has been delivered.
We ship to the destination of your choice in the continental United States (including Alaska, Hawaii and Puerto Rico), but excluding other locations outside the continental United States. Purchases cannot be shipped to P.O. boxes.
For security reasons, all purchases from the Site require an adult signature upon delivery
If the In-Store Pick Up option is selected, you must collect your order within 14 days of receiving the associated order confirmation email, otherwise the items will be returned to stock.
Delivery of Shoe Polish Products
Please note that Ground Delivery will be the only available method for shoe polish products. If an order contains a shoe polish product all items in the order will be shipped Ground. If you want to receive other items with a different delivery method, please place separate orders.
If you have questions or would like more information, please contact us at firstname.lastname@example.org or call the toll-free number 1-833-8881873.
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